Abu Qatada: Theresa May Says Advice Was 'Unambiguous'

PA/The Huffington Post UK  |  Posted: 24/04/2012 14:10 Updated: 24/04/2012 14:10

Home Secretary Theresa May today insisted she had "unambiguous legal advice" from the government's lawyers about the deadline to deport Jordanian terror suspect Abu Qatada.

May backed David Cameron's comments yesterday that the Home Office "checked repeatedly" with the European Court of Human Rights (ECHR) about when the deadline expired and was "very clear" about the date.

The confusion, which centres on whether the three-month appeal deadline from the court's original decision on January 17 expired on the night of April 16 or 17, risks seeing the radical cleric freed and back on Britain's streets within weeks.

May said she was given "unambiguous legal advice" on the deadline from lawyers in the Home Office and the Foreign Office.

She also told MPs the decision to arrest Qatada on the morning of April 17 was also based on the court's rules, associated guidance notes and precedent.

May refused to directly answer whether she had any email or letter from the court saying when the deadline was.

"The decision as to whether or not the deadline has passed is taken by the panel of judges at the Grand Chamber," she said.

"They are the arbiters.

"It's up to the panel of judges as to what decision they take."

May added she was right to act when she did and "take the first opportunity to deport Abu Qatada", once described by a judge as Osama bin Laden's right-hand man in Europe.

The Home Secretary admitted there was "speculation about mixed messages on the Monday night (April 16) and the Tuesday morning", but insisted the advice she was given was clear.

"All the advice I've been given has been the same," she added.

May denied that the row over the human rights court's rules meant efforts to deport Qatada had descended into farce.

She said it was not a farce for a minister to receive unambiguous legal advice and then take action to deport Qatada as quickly as possible.

May also said she had "a dozen letters", all relating to other cases, which backed the Home Office interpretation of the deadline.

"The advice I have received has been consistent. The advice I have received remained consistent and remains consistent until this day."

Mrs May also told MPs on the Commons Home Affairs Select Committee that the Government has written to Europe's human rights court setting out why Qatada's appeal should fail.

It was out of time, the original ruling did not depart from case law and no general interest reasons were raised, she said.

She added that there was another reason highlighted in the Government's response, but gave no details.

May added: "I'm very clear that the assurances we've received will enable us to deport Abu Qatada."

Asked by Mark Reckless why she was putting an intergovernmental agreement with the Council of Europe, which runs the court, above British courts that have said Qatada should be deported, May said the Government "abides by the law".

"The UK Government abides by its international treaties and we do not break our international treaties," she said.

"The UK Government operates according to the rule of law.

"Our courts are clear that the law requires us to abide by our public guidance and to apply the guidance consistently."

She said deporting Qatada immediately would mean giving him 72 hours notice, possibly leading to his lawyers being granted an injunction, risking further court orders banning the Government from deporting him.

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Home Secretary Theresa May today insisted she had "unambiguous legal advice" from the government's lawyers about the deadline to deport Jordanian terror suspect Abu Qatada. May backed David Cameron...
Home Secretary Theresa May today insisted she had "unambiguous legal advice" from the government's lawyers about the deadline to deport Jordanian terror suspect Abu Qatada. May backed David Cameron...
 
 
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04:12 PM on 04/30/2012
she is talking crap as per usual if she was given a date we all know she would have the prove with an email , does she think we are as thick as her and her lawyers in the Home Office and the Foreign Office. who is she trying to kid , they have made a huge blunder and will lie through their teeth to get out of it . she should be sacked and the lawyers should not be paid . uk government are a laughing stock on the worlds stage .
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meddleman
11:26 AM on 04/25/2012
Whether it was 'unambiguous' is totally irrelevant; whether she believed it to be right is irrelevant; it's whether it was right or not in the eyes of the European court that matters. It seems extraordinary that someone in her position, with or without advisors, could not see that the phrase 'one month' is open to interpretation. Stupidity, arrogance or both?
09:07 PM on 04/24/2012
Very simple 3 months after the 17th January expires at midnight on 17th April - the day of 17th January does not count it is " from the 17th January " which commences at one second after midnight on the 17th January and ends at midnight on the 17th April - any first year law student is taught to check , double check and then check again legal deadlines which are critical .

Unless Mrs May has it in WRITING from the European Court that the deadline was the 16th then she is dead in the water and Abu Quatada can string out his stay for years - he has already strung it out for 10 years so far - I don't somehow see him going anywhere anytime soon
08:27 PM on 04/24/2012
Come on May you are supposed to be a Cabinet Minister your supposed to know what's going on, all we the tax payer get are excuses
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07:16 PM on 04/24/2012
Do to others as others do to you, if we we're over in his home town what would his people do to us.we wouldn't even reach the plane,
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05:53 PM on 04/24/2012
More Londonistan nonsense.
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03:04 PM on 04/24/2012
What the heck is really going on here?
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mokgee
Sabu.Satsang, Samsara, Solitude...
03:02 PM on 04/24/2012
Why of course it was, what a pathetic excuse from a so called government minister. Just say that, your governors in Europe changed their minds, because there is a mole in office, who informed them of your intentions.Pathetic, inert, incompetent, these are the qualifications necessary to become a government minister, or even, PM, who are totally powerless at every level of government......
09:51 PM on 04/24/2012
You spoke for a lot of countries there,bud.Kudos to you.Gerry Garcia '' we're going to hell in a bucket baby''